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WEEKEND EDITION, JUNE 9-10, 2012
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People often ask me what to do if a landlord does not make repairs to a rental unit. Let me start with something a tenant should not do. DO NOT T WITHHOLD D RENT Under certain limited circumstances, a tenant may withhold rent. But, it is never a good idea to withhold rent. If a tenant does not pay the full rent, when due, the landlord would most likely serve the tenant with a three day notice to pay or quit. Once a three day notice to pay or quit expires, the landlord does not have to accept the money even if the tenant offers the full amount.The landlord can refuse the payment and proceed with an unlawful detainer action (eviction case). An unlawful detainer action is very stressful.Also, the tenant would have the expense of litigation costs and probably attorney fees.A tenant does not have to retain an attorney to defend an unlawful detainer action, but it would be very wise to do so. If a tenant loses an unlawful detainer case, the tenant would be evicted and owe all of the back rent and possibly the landlord’s attorney fees and litigation costs. Further, the unlawful detainer judgment would probably appear on the tenant’s credit reports as well as reports kept by landlord agencies which could make it difficult to rent a new home in the future. For all of the above reasons, a tenant should never withhold any rent. GIVE E LANDLORD D A LIST T IN N WRITING The first thing a tenant should do is give the landlord a list in writing of items which need to be repaired.The list should be hand-delivered or mailed to the landlord.The tenant must keep a copy of that list and keep track of when and how the list was delivered to the landlord (the specific date when the list was mailed or hand-delivered). A tenant must give the landlord a reasonable period to make repairs.What is a “reasonable period”is defined on a case by case basis.Usually,a tenant should give the landlord 30 days to make repairs.But,if the condition is serious (i.e.:no electricity, no hot water,hole in the roof),a reasonable time would be much shorter. A tenant should list all items which need repair, in detail. Failure to notify the landlord of a specific problem may prevent a tenant from being compensated later for the defective condition. CONTACT T GOVERNMENT T INSPECTORS If the landlord does not make the repairs within a reasonable period, the tenant should contact appropriate government inspectors. In Santa Monica, the first office to be contacted should be the Santa Monica Code Compliance Department: (310) 458-4984. The Code Compliance Department will not come to a rental unit to perform a general inspection.The tenant must have a specific list of items which need repair. In addition to the Code Compliance
Department, a tenant should call the County of Los Angeles Department of Health Services.To arrange for an inspection, a Santa Monica tenant would call: (310) 665-8484. The advantage of government inspectors is that the government agency may order the landlord to make repairs.Also, if the tenant is in trial with the landlord (or a hearing with the Santa Monica Rent Control Board), the government inspectors’ reports may be admissible as evidence. PETITION N FOR R RENT T DECREASE E If the landlord does not make the required repairs, a tenant may file a petition for rent decrease.The petition is filed with the Santa Monica Rent Control Board, located in Santa Monica City Hall, 1685 Main Street, Room 202, Santa Monica, CA 90401; (310) 458-8751.The petition for rent decrease may be filed 30 to 180 days after service of the written notice to the landlord of items which need repair. If the petition is granted, the rent will be reduced. But, the rent reduction is prospective (from that point forward).The Rent Control Board does not have the authority to award any money to compensate the tenant for past conditions or reduced services. SMALLL CLAIMSS COURT T If a tenant wishes to be compensated for the defective conditions or reduced services in the past, the tenant would have to file a lawsuit.A suit could be filed in superior court.Although an attorney is not required for superior court, it is likely that the landlord would retain an attorney.When one party has an attorney and the other does not, it is a big advantage. If the tenant retains an attorney, the expenses might make such a suit in superior court impractical. Usually, the most economical way to proceed is to file a lawsuit in small claims court.A person can sue in small claims court for up to $7,500.00.And, there are no attorneys in small claims court.Thus, the expenses are greatly reduced. CONSULT T WITH H AN N ATTORNEY Even if the tenant is not going to retain an attorney on a fulltime basis, it is usually a good idea to at least have a consultation with a tenants’ rights attorney, especially before filing suit in small claims court or filing a petition for rent decrease.
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THIS COLUMN WAS PREPARED BY MARK PALMER, A SANTA MONICA TENANTS’ RIGHTS ATTORNEY. HE CAN BE REACHED THROUGH THE LEGAL GRIND AT 310-452-8160 OR REFERRAL@LEGALGRIND.COM Disclaimer: this article does not constitute legal advice and does not create an attorney client relationship.
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SHOTS FROM PAGE 3 cougar. While all of the groups said they are open to cooperating with the police department, several have indicated their opposition to the methods used in the incident and suggested alternative options, like tazing the lion before shooting the tranquilizer or using a higher dosage of the anesthetizing chemical. “We’ve encroached on the wildlife,” said Madeline Bernstein, president of the Society for the Prevention of Cruelty to Animals Los Angeles. “They’ve had to cope with less and less hunting grounds … we should at least realize we’ve done that and respect our differences and learn how to coexist.” Police said on May 22 at approximately 5:45 a.m. they received reports of a mountain lion roaming Downtown. A short time later, a janitor at an office building at 1227 Second Street, where Emeritus College classes are held, saw the lion resting inside a courtyard and called police. Officers closed the surrounding streets and sidewalks, however, several people began congregating outside the perimeter, raising concerns that the lion could escape the courtyard and harm onlookers, police said. “I think the reality is that once this mountain lion came into Santa Monica, he pretty much sealed his fate,” said Sean Anderson, associate professor and director of the Pacific Institute for Restoration Ecology at Cal State Channel Islands, who will be part of the June meeting. “But if you have someone who knows what they’re doing, there’s a much higher chance of anesthetizing it.” Officials with Fish and Game, which is tasked with handling reports of wildlife, were contacted and responded to the scene. Santa Monica Animal Control officers, fire fighters and a National Park Service moun-
We have you covered tain lion biologist assisted. The incident lasted approximately 3 1/2 hours, according to the press release. It was determined by authorities that the best way to handle the situation was to sedate the male mountain lion so that it could be captured and released in the Santa Monica Mountains. Fish and Game used a tranquilizer dart to sedate the lion. The lion immediately became aggressive, police said, and looked for an avenue of escape. It charged and shattered one of the glass doors at the courtyard’s entryway and leaped “effortlessly” over large planters within the courtyard as it searched for an escape route. Contrary to what some media outlets reported at the time of the shooting, the lion was not hit with water. Fire fighters used hoses to spray the glass doors to the courtyard in an attempt to make them look opaque to deter the lion from trying to run through or jump over the approximately 8foot tall doors. “The lion was not hit with water from the fire hoses,” according to the press release. Pepper balls the size of paintballs were fired into the ground in an attempt to keep the lion from running out of the courtyard. The goal was to keep the lion contained until the tranquilizer could take effect. The lion continued to try and escape. “Because of the threat to public safety caused by the lion’s continuous efforts to escape, the determination was made to use deadly force,” the press release stated. The lion died at the scene. The necropsy was performed by California Animal Health and Food Safety Laboratory System in San Bernardino, Calif. The full necropsy report has not yet been released by the lab. SAMANTHA MASUNAGA contributed to this report. kevinh@smdp.com